WEST BRITON AND CORNWALL ADVERTISER . 16 January 1857 . PENZANCE, appellant: St. MARY TRURO, respondent. . This was an appeal against an order made by the Rev. T. PHILLPOTTS and Col. POLWHELE, county magistrates, for the removal of Emily and Edwin JOHNS from the parish of St. Mary, Truro, to the borough of Penzance. Mr. CORNISH, for appellants, stated that both parties had agreed to send a case to the Poor Law Commissioners, and to abide by their decision. In the mean time, he applied to enter and respite the appeal until the next Quarter Sessions. Granted. . FALMOUTH, appellant, Mr. STOKES and Mr. GENN; PENRYN respondent, Mr. SHILSON and Mr. CORNISH (for Mr. E.J.B. ROGERS, of Penryn). Mr. Genn moved the appeal, which was against an order dated 27th of November last, by J.B. READ and Sampson STEPHENS, Esqrs., magistrates, for the removal of George TREGASKIS from the borough of Penryn to the borough of Falmouth. . Mr. Shilson stated respondent's case, and called in support of it the pauper GEORGE TREGASKIS; BENJAMIN PELLOW, who had served an apprenticeship as a wheelwright with the late Mr. WYNN, of Falmouth; and HARRIET FURSEY, daughter of the late John TREGASKIS, pauper's brother. It appeared that the order of removal was founded upon an alleged settlement by hiring and service of the pauper with the late Mr. JAMES WYNN, of Falmouth, who formerly kept the Royal Hotel, and had his own blacksmith's and wheelwright's work done on the premises. . In the grounds of removal it was stated that the pauper was hired by Mr. Wynn at GBP 9 per year, and that he was in Mr. Wynn's service ten years, his hiring commencing in 1801; and the evidence of pauper and Mr. PELLOW, who is now a farmer, was that pauper lived in Mr. Wynn's house, and had his meat and slept there. . It appeared, however, from Pellow's testimony, that the pauper's evidence before the removing magistrates was a mistake as to his service commencing in 1801, because Pellow, who went as an apprentice to Mr. Wynn in 1812, recollected the pauper being there at that time, and continuing with Mr. Wynn during the five years of Pellow's apprenticeship, and afterwards. . The first question therefore arising was as to the time when the service of pauper really commenced; and as the pauper's present evidence (differing from what he gave before the magistrates) was that he commenced hiring and service in 1808, and it was shown by Pellow's evidence that it could not have been in 1801, Mr. Shilson, on the part of respondents, applied to have the grounds of removal and examinations amended, and 1808 substituted for 1801, as the commencement of the hiring and service. . Appellant's advocates resisted this, as being a very wide alteration; but the COURT, after hearing what there was to be said on both sides, decided on making the correction. . The next point was as to the validity of the hiring and service. Mr. STOKES argued from the pauper's manifest want of memory in giving his evidence, that he was not to be relied upon with regard to the nature of his hiring, any more than as to its date, of which he had given different accounts; and Mr. Stokes submitted that respondent's case had broken down. The CHAIRMAN, however, thought sufficient had been shown by respondents for appellants to be called upon to answer it. . Mr. Stokes then called Mr. Robert P. WYNN, son of the late Mr. Wynn, with the view of showing that the pauper was hired for weekly wages, and not by the year, and that his wages were 3s. a week. Mr. Robert Wynn recollected the pauper coming to his father's in 1809 or 1810, to work as a boy in the smith's shop with his brother John TREGASKIS, who was a married man, and lived out of the house. . Mr. R. Winn believed the reason the boy George Tregaskis slept in the house was, because he was sometimes wanted to ride expresses. Mr. Wynn also gave evidence as to the payments made to John Tregaskis and his brother the pauper; but the COURT did not think his evidence conclusive as to the point of weekly hiring and wages, and after hearing Mr. Shilson in reply, commenting on the whole of the evidence, the magistrates retired from the court, and on their return, the CHAIRMAN said the Bench were unanimous in confirming the order, but they disallowed the costs. . SECOND COURT . Thursday, JANUARY 8 - Before C.B.G. Sawle, Esq., M.P. . JOHN TIPPETT, 15, was charged with stealing 8 lbs of miners candles, the property of William BARRETT and others. Mr. Cornish (for Mr. Shilson) conducted the prosecution. . William BARRETT stated that he works at Boscundle mine, near St. Austell. On Saturday the 29th November, he had 16 lbs. of candles, which he placed in three chests; one of the chests contained 8 lbs. The chests were in a building called the barracks, just above the engine-house. It was an open building, but the chests were locked. On the following Monday morning, he found the chest containing 8 lbs. had been broken open, and all the candles were stolen. . Eliza BONE, who works at Boscundle mine, saw prisoner there on Saturday afternoon the 29th of November; he told her he was going to the engine-house; that he had been drinking grog all the forenoon, and that he was not working anywhere. . John CLARKE, miner at East Crinnis, on the 29th November, met prisoner on the turnpike-road coming from the direction of Boscundle mine, a few minutes after five o'clock. He came up to shake hands with witness, and as he was doing so, witness saw two candles inside the skirt of his coat hanging down; he had a bundle in his hand. When witness shook hands with him, he fell back, appearing to be tipsy; his bundle fell on the ground, and a lb. of miners' candles fell out of it. A young man present called JOHN DUMBLE said to him, "You have been stealing candles again and you'll be hanged for it." Prisoner swore out that he did not care for that; he then took up the candles and went off. . George WEBB, miner of St. Blazey, was at the Britannia Inn on Saturday evening the 29th of November, and saw prisoner there drinking grog. Witness asked him where he got his money from to spend so freely. He replied that he had 10s. pay that day from Par Consols, and he had spent nearly the whole of it. Prisoner left the house, and in consequence of what witness had heard he went after him, and found him at the end of the house with a bundle in his hand and candles in his pocket. He brought him back to the Britannia, where prisoner said he had not got a candle about him; but witness turned up the end of his coat, and there were candles protruding through a hole. Witness told him he believed he had been stealing candles, and he should make a prisoner of him. Prisoner begged him to let him go, and said his mother would give him 30s. if he would do so. . William WEBB, brother of the last witness, had prisoner in charge, and asked him where he got the candles; he did not throw out any inducement to him. This was outside the door, and prisoner said he got them from a little mine over there, pointing in the direction of Boscundle; he said he did not know the name of the mine. . Elizabeth TRELEAVEN, wife of Richard TRELEAVEN, who keeps the Britannia Inn, said on Saturday afternoon, 29th November, prisoner was in her house drinking beer and grog, and he paid for it in candles. The Britannia was about a quarter of a mile from Boscundle mine. The CHAIRMAN - Are you in the habit of receiving candles from boys in payment for liquor? WITNESS - Yes, sir, from miners. CHAIRMAN - Then I express my opinion that it is most improper for you to do so. WITNESS - it is customary. CHAIRMAN –-I don't care whether it is customary, it is most improper. . John VICARY, constable of St. Blazey, took the prisoner into custody, and found a mask in his pocket; he took charge also of 7 lbs. of candles, which were found in prisoner's possession. . John PUCKEY, mine agent at Par Consols, stated that prisoner did not receive 10s. pay from that mine in November last; he had not been employed there since September 1855. . This concluded the evidence, and the Chairman having summed up, the jury found the prisoner GUILTY. A former conviction was also proved against the prisoner, at the assizes in March last, for stealing candles, on his own confession, from Waters, Williams, and others. There was likewise a charge against him on the present calendar for stealing a coat and a handkerchief from James ROWE, at Tywardreath, on the 28th of November. . The CHAIRMAN told Mrs. Treleaven of the Britannia Inn, that he thought she must discontinue the practice of taking candles from boys in exchange for drink; if she did not she might get herself into a scrape; she must have known that this boy was of bad character. Mrs. Treleaven said she was informed that miners paid for their candles, and it was the usual practice in that neighbourhood to take candles from them at the public-houses; she was willing to discontinue the practice if others would do so. The CHAIRMAN said he was sorry to hear that it was the usual practice with the St. Blazey publicans; the sooner they discontinued it, the better. . On Friday the prisoner was sentenced by the Chairman (Mr. Lethbridge) who said the court had had a wretched character of him, although he was only fifteen years of age. He then sentenced the prisoner to FIVE YEARS’ penal servitude, with a view to sending him to Parkhurst, where (said the Chairman) he would receive good instruction and advice. .......... . JOHN WEDGE, 19, pleaded GUILTY to a charge of obtaining by false pretences, on the 2nd of January, from William Henry SOWDEN, at Camelford, a pair of trousers and a coat, with intent to defraud W.H. SOWDEN. One Month's hard labour. ................ . ASSAULT ON A CONSTABLE JAMES PARSONS, 20, was charged with assaulting PASCO GARD, a constable of the parish of Minster, while in the execution of his duty. Mr. CORNISH (for Mr. Shilson) conducted the prosecution; and Mr. GENN on behalf of Mr. STOKES, (who was engaged in the other court) defended the prisoner. . Mr. Cornish, having stated the cased, called Pasco GARD, constable of Minster, who said, on the 24th of November, being fair-day at Boscastle, I was sent for by two messengers to come to the Brig Inn, at eleven o'clock at night. When I came in I heard a great noise up stairs of people cursing and swearing. The house was full of men and women, and I went up stairs to a room which was full; there were about twenty people in the room, and two young men were stripped, with their jackets and waistcoats off; one was called KELLOW, and the other was James Parsons, the prisoner. . I took Kellow, asked him what he was making such a noise about, and tried to put him down stairs. He lay back at first, but afterwards he went down and I saw no more of him. The other man, Parsons, remained in the room, with several men holding him. I told him to leave the place, and begged him to put on his jacket. Persons present said I was Mr. Gard, the constable, and he must be quiet. I had at that time my staff in my hand, and showed it to him, and said, "my dear man why don't you be quiet." . He was in a very great rage, and had been drinking, and many others were in the same way. He said he did not care for the constable or all the men in Boscastle. The landlady said, if I would leave him quiet she would take him from me. I let him go and he left the room, but in about five or ten minutes after, I heard a great noise coming; I was standing near the door, which was pushed open, and the prisoner came in and struck me severely on the head. . A great many people came in with him, many bad ones, and the room was full in a minute. I recovered from the blow and held up the mace against Parsons, and he caught hold of it with his hand. I said I was a constable and required the peace. The people rushing in carried us along, and we both went down on the floor. . He struck me several times, but not while I was on the floor. The landlord called out to bring a candle, but those behind put out the candles as fast as they were brought; at last a light was brought in and the room was cleared. How I got up I don't know; after I got up, the prisoner made to strike me again. . CROSS-EXAMINED: I have been a constable two years. I showed the staff when I got up into the room. It was a small room; I should think there were twenty people there. I have been asked what I would compromise the matter for, and I said, five shillings; I did not get the five shillings. . Re-Examined: I was sorry to see the prisoner suffer for so many bad ones; I was ordered by the magistrates not to make up the case. . JOHN COCK, a boy, was at the Brig Inn on the night in question, and gave evidence corroborative of the assault; he said the prisoner came back with a mob of quarrymen. . William MARSHALL,landlord of the Brig Inn, stated that when Parsons left the house he knew Gard was a constable; the latter showed his staff. When Parsons left, there was a clear house; he came back, and there was a rush of people, and Parsons and the constable were "clenched" on the ground. I got into the room; the lights were in, but before I could render assistance, they were put out. I called for lights and several were brought, but the press of people at the door made them out. It was four or five minutes before a light was got into the room, and during that time Gard and Parsons were "clenched" on the ground; Gard was trying to get up. I could not see what was going on, but there was a great bustle in the room. When the lights were brought I helped up Gard, and then cleared the house. I saw the prisoner strike Gard once, but was not in the room to see him strike a second time. . Cross-examined: The people that came with Parsons were basket people and others at the fair; they were chiefly men, but there were some women. . Mr. GENN, for the defense, submitted that the first collision was a very harmless one between the parties, and that the second assault, when so many men came back with Parsons, must not be connected with the first. The impression sought to be conveyed by the prosecution was, that Parsons went out and came back with a mob on purpose to assault the constable, but there was no evidence of that, and it did not appear he knew the constable was then in the house. The constable himself did not consider the assault was a serious one, for he had offered to take 5s. to make it up; perhaps he knew he had been rather hasty, and had not shown the latitude generally given by constables at fairs. . The CHAIRMAN, in summing up, said it was absolutely necessary that the constables should be protected by the law in the execution of their duty, and he considered the constable in this case had acted with great discretion. The jury returned the prisoner GUILTY. The prosecutor said he thought the man was encouraged by others, and he begged the court would be merciful and not give him a severe punishment. The CHAIRMAN said the constable had acted very properly, and shown a kind disposition towards the prisoner. . On the following day the CHAIRMAN (Mr. Lethbridge), in passing sentence on the prisoner, said the court had heard a very bad character given of the neighbourhood of Minster, from which the prisoner came. He hoped this case would be a warning to the population, for if they assaulted constables, the court would punish such an offense severely. Sentence, Four Months’ hard labour. . This concluded the business of the Second Court. . FRIDAY, JANUARY 9 . The convicted prisoners were placed at the bar this morning, and sentenced by the Chairman, Mr. Lethbridge. The following were the sentences of those whose trials we reported last week: . GUILLAUME LOUIS PONCELET, for stealing money and a seaman's advance note from George RADFORD, of Falmouth. Three Months' hard labour. . JOHN PERRY, for stealing a jacket from William Henry SIMMONS, at Crowan, Three Months' hard labour. . WILLIAM THOMAS, for stealing potatoes from Thomas COLLINS, of Truro, Three Months' hard labour. . DOROTHY BRAY, stealing a gold ring from Mrs. MAY, at St. Columb Major, Three Months' hard labour. . ELIZA COMBE, for stealing a frock, ribbon, and comb from Annie Kate ARNALL, at Camelford, Three Months' hard labour. . MATTHEW HENRY TRURAN, stealing a gander from John MADREN, of Redruth, Four Months' hard labour. The Chairman said, if the Court found fowl stealing increasing in the county, they should increase its punishment. . HENRY CHESTERTON, stealing a pair of trowsers from Robert CLARKE, at Truro, Four Months' hard labour. . JOHN GRIMES, for stealing barley in the straw from James LUCAS, of Stratton, Four Months' hard labour. . JOHN ROBERTS, pleaded guilty of stealing three sovereigns from the boiler house of Wendron Consols, the property of Walter PERRY; Six Months' hard labour. . WALTER JOHN WILLIS, for stealing money from Jas. NICHOLLS, at Linkinhorne, Six Months' hard labour. . JOHN HUTCHINGS [printed as Jonh] - stealing a pig from William JULIAN, at St. Dennis, Six Months' hard labour. . WILLIAM BROWN, for stealing oats from his master Joseph THOMAS, of Truro, Six Months' hard labour. . ELIZABETH CHAMPION, for stealing a pair of trousers from Francis BURROW, at Redruth, (there being two other indictments against the prisoner and tried,) Six Months' hard labour. . JOHN CAMERON, for stealing articles from the dwelling-house of George MARTINS, at Ludgvan, Eight Months' hard labour. . ELLEN WILLIAMS, for feloniously receiving the stolen property from John Cameron, Six Months' hard labour. . JAMES WHEELER, for stealing money from the person of William ROBBINS, of Launceston, Eight Months' hard labour. . WILLIAM VINCENT, THOMAS MILL, and WILLIAM MILL, for breaking into and stealing from Dolcoath account-house. Vincent and Thomas Mill were each sentenced to Twelve Months' hard labour. William Mill, a boy, in consideration of his youth, was sentenced to One Month's hard labour, and to receive a whipping. . ELIZABETH FRANCIS, for stealing a coat and lilac print from John GEARY, at Redruth, (a former conviction being also proved), Nine Months' hard labour. . WILLIAM COOKEMAN, stealing a sheet and a shirt from Matthew SOWDEN, at Madron, (a former conviction being also proved), Four Years' penal servitude. . WILLIAM ADDISON, for an assault with intent, &c., on Mary TRELOAR, at Wendron, Twelve Months' hard labour. . This concluded the business of the sessions. . CORNWALL LUNATIC ASYLUM . The following document was read on the first day of the Epiphany Quarter Sessions, last week: . In compliance with the Lunatic Asylum Act 1833, the Committee of Visitors report to the Justices in Quarter Sessions assembled, that the county Lunatic Asylum contains, at present, accommodation for 286 patients, and that there are now 234 within its walls, viz. 116 males, and 118 females, and four males and one female out on trial. . The wards are in good order, and the patients appear comfortable; the officers are attentive, and the conduct of the servants is on the whole satisfactory. . The visitors regret to say that some severe cases of dysentery have again appeared during the past year; but it is to be hoped that the mode adopted for warming and ventilating the wards may prevent a recurrence of the disease. . In May last, two of the Commissioners in Lunacy visited the establishment, and reported as follows: . We have yesterday and today visited this Asylum, and have inspected all its wards and premises, and seen all the patients, 224 in number, viz., ten male and eight female private patients, and 117 male and 109 female paupers. . One of the male pauper patients made his escape yesterday evening after our visit, and has not yet been retaken. Since the last visit of the Commissioners on the 20th July 1855, sixty-six patients, viz., two male and one female private patients, and thirty-two male and thirty-one female paupers had been admitted. . During the same period, thirty patients, viz. eleven males and nineteen female patients, have been discharged; of whom five males and eighteen females were recovered. . The number of deaths has been twenty-five, viz. seventeen males and eight females. The assigned causes of deaths do not appear to call for special observation. It appears by the Medical Journal that, since the last visit, four male pauper patients and one female private patient, and nine female paupers have been for short periods subjected to mechanical restraint, by means of strait waistcoats or by sheeting or similar methods confining them to the bed. The female private patient referred to has been restrained fourteen and one of the female pauper patients twenty-two times. The general health of the inmates appears to be good. Eleven male and fifteen female patients were during the last week, registered as under medical treatment. We found the patients, with few exceptions, free from excitement. We are informed that seventy or eighty of the male patients and about fifteen females are usually employed in various ways - the male in gardening, agriculture, and trades, &c., and the females in needle-work, the laundry, and wards. All the repairs in the asylum (except glazing) are executed by the male patients and attendants, and all the shoes and clothes are made in the asylum. . We desire to bring under the consideration of the visitors what we think a defective arrangement as respects the female pauper patients. In consequence of the original construction of the building upon the radiating principle, the female pauper patients are distributed into twelve wards - six on the ground, and six on the upper floor - each under one nurse. In each ward, towards the centre, is a day-room, through which are associated dormitories or galleries. The result is that the patients are, during the day and at meals, divided into twelve classes - a subdivision not desirable. The associated dormitories are four in number - two on each floor. We submit the following recommendations, viz. - . 1. That the two lower dormitories be converted into dayrooms. 2. That the beds now in those dormitories be placed in some of the present day-rooms and corridors. . One great advantage of this arrangement would be that each class of patients would, by day, be under the supervision of at least two nurses. The system would thus be associated to that adopted with good effect in the male pauper departments. . We suggest further that wooden doors be in all cases substituted for those at present of iron, and that they may be so hung as to open into the galleries and lie close to the wall. Our objections to iron doors are: . 1. That they are unnecessary 2. That they suggest the idea of confinement 3. That in shutting they produce a prison-like sound 4. That patients striking against them are likely to injure themselves, and disturb the other patients. . We have also to observe that the present fastenings are of a defective and inconvenient construction. . We further recommend: . 1. The disuse of wire guards to the windows. 2. The substitution, excepting in special cases, of fenders for the present fire-guards. 3. The introduction of more looking-glasses, especially in the lavatories and female dormitories. 4. That all bedsteads hereafter to be procured, the bottom be of sacking. 5. That more seats be placed in the grounds, and that the female airing-ground be better laid out in flower borders and walks. . We are glad to learn that a subscription is in progress for building a chapel. We are also glad to find that all the wards except one are now boarded, and that the ward referred to will shortly be so. We are informed that gas is about to be generally introduced. . Upon the whole, we found the asylum in a satisfactory state, and the patients suitably dressed, and clean in their persons, and the beds and bedding and apartments generally in creditable order. Every effort appears to be made by the superintendent and resident physician to promote the comfort of the inmates. . Signed - R.W.F. LUTWIDEG, S. GASKELL, Commissioners in Lunacy . The suggestions of the commissioners have, for the most part, met the approval of the visitors, and they will be gradually carried into effect; but the visitors see no reason or substituting wood for the iron doors in the original building. Since the last report the county has granted GBP 2000 for warming and ventilating the female wards, for baths, gas-fittings, and other purposes. . The warming apparatus has not yet been sufficiently tested to enable the visitors to offer a decided opinion on its efficiency. Hitherto the best produced has not been to the extent anticipated. . Dr. BOISRAGON has lately resigned the office of the medical superintendent and become the proprietor of a private lunatic asylum; and as the visitors have therefore had to elect another medical officer, their choice has fallen on Mr. RICHARD ADAMS, of the Rainhill Asylum, his testimonials and experience having been such as to justify the visitors in selecting him out of forty-seven candidates for the office. . In consequence of the great addition to the patients and the increased responsibilities of the visitors, it has been thought desirable to add to the number of the committee, and the consent of the subscribers having been obtained, it is proposed that there be fifteen visitors in future, instead of nine, viz. ten magistrates to act for the county, and five subscribers to represent the interests of the body. The subscribers having elected their proportion, it remains for the justices present to nominate the remainder. ................................................................................................................ Julia M. West Briton Transcriptions, 1836-1856 at http://freepages.genealogy.rootsweb.com/~wbritonad St. Austell Area History and Genealogy at http://freepages.genealogy.rootsweb.com/~staustell